Contracts good or service. Disputes arise when

Contracts Contract law is a branch of civil law that outlines rules for relationships between individuals and businesses. Entering a contractual agreement means purchasing a good or service. Disputes arise when when people are not satisfied with what they purchased or the amount owed is not paid. If one party fails to uphold the contract’s terms, the other party may go to court to see the terms enforced. One case of contract law is Gills Truck Leasing & Sales Ltd. vs. Woody’s Auctions Ltd., 2007 N.S.S.M. 2 (CanLII). In 2007, Gills Truck Leasing took legal action against Woody’s Auction. The plaintiff went to an auction and bought a lot they believed included a hoist and scissor lift. After the plaintiff went to pick up the lot, they discovered the scissor lift was missing. The defendant mentioned during acutionning that part of the lost was removed. Gills Truck leasing argued Woody’s Auction had failed to uphold their side of the bargain. The judge ruled there was a mutual mistake, and thus no contract existed. The defendant won their case. If a person signs a contract, they are legally responsible to follow through with the terms. If they don’t, they can be found legally accountable. The Sale of Goods Act wa passed in 1990 and last amended in 1994. Part 1 of the act covers formation of a contract including Section 4 of what a contract is and how it’s made and Section 6 and what goods may be subject to a contract. Part 2 covers effects of the contract, part 3 covers performance of the contract, and part 4 covers actions for breach of the contract. A person’s ability to make or enter a contract is administered by this act. Anyone entering a contract must follow the act’s outlined rules and procedures.Separation and DivorceSections 6 to 12(4) of the Marriage Act outlines procedures for dissolution of marriage. The procedure for ending a marriage can include a separation agreement or divorce because of a marriage breakdown. A divorce is the legal termination of marriage. It is initiated when a spouse files for a divorce application. This application must include reasons for the divorce and a request for support payments and child custody arrangements. A divorce case is then decided by a judge of the Superior Court of Justice. However, most cases are settled out of court. If the arrangements are approved by the judge and neither spouse appeals for a change a certificate of divorce is issued. This is a legal document that formally dissolves a marriage. A separation agreement is a domestic contract that outlines the terms of a separation between spouses. After it has ended, there are more legal issues. This can include child custody, parent-child access, and child support. One case regarding divorce separation law is M.M. vs. J.H. (2004), 73 O.R. (3d) 337 (Ont. S.C.). The same-sex couple separated and M.M. filed for a divorce in 2004. However, under the Divorce Act a spouse was “either a man or a woman who are married to each other” so they could not divorce. A judge found that section of the Act unconstitutional and granted the couple a divorce. The section was then changed to define a spouse as either of two persons who are married to each other. A person can dissolve a marriage they no longer want to be in and remarry.Torts and Negligence A tort is a civil wrongdoing that causes harm done to a person or property. The harm is done by someone’s carelessness. If someone suffers harm because of another, they can sue them for compensation. Tort law holds individuals, the government, and private organizations responsible for damage or injuries they cause. An unintentional tort are injuries resulting from accidents or actions that weren’t meant to be harmful. Negligence is the most prevalent form of an unintentional tort. It is defined as careless actions that cause foreseeable harm to another individual. To prove an action was negligent in court, the plaintiff must prove the defendant owed them a duty of care. This is the obligation to foresee and avoid careless behaviour that could be harmful to others. One case about negligence and duty of care is Donoghue vs. Stevenson, 1932 A.C. 562 (H.L.). Mrs. Donoghue was at a cafĂ© with a friend who bought her a beer. After drinking it, she found a dead snail in it and became sick. She sued the beer’s manufacturer for negligence because it did not properly inspect its bottles. However, the manufacturer argued it only owed her friend a duty of care, because that is who bought the beer. The judge dismissed the plaintiff’s case because a manufacturer is only responsible to those who it shares a contract with. Donoghue appealed and the House of Lords reversed the judge’s decision so that the cause of action could continue. The parties settled out of court. Because of the case, the “neighbour principle” was created. The principle outlines the legal responsibility to owe duty of care to not harm your neighbor through negligent or careless behavior. A person can be held accountable for careless actions that cause harm or hold others accountable and receive compensation. One statute regarding tort law is the Criminal Code. It includes common law intentional torts like assault in section 264.1, fraud in section 308, conspiracy in section 463, defamation in 297. It also includes trial procedures for these torts.Traffic Law Federal, provincial, and municipal governments pass traffic laws and statutes. However, common law still applies. Federally, the Criminal Code outlines some traffic offences. This includes dangerous driving, criminal negligence in the operation of a motor vehicle, criminal negligence causing death, and impaired driving. Provincially, the government is responsible for maintaining highways and governing driver conduct. Highway-traffic acts outline road use laws such as driver licenses, vehicle registration, safety and condition of motor vehicles, and rules of the road. Any individual failing to follow the law faces fines, license suspension, and imprisonment. Municipal governments have control over highway traffic and maintaining safe road conditions under their jurisdiction. Bylaws are created to set out traffic rules. Individuals who are injured while on a dangerous road can hold the government accountable through legal action. The federal Motor Vehicle Safety Act was passed in 1993. It regulates the manufacture and import of vehicles to prevent death, injury, and property and environment damage. Sections outline many safety rules: Section 5 vehicle requirements, Section 11 regulations, Section 14 inspection, and Section 17 offences and punishments. A person is legally responsible to follow traffic laws and safely drive and operate their vehicle.

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